Procedures in the Receipt, Processing and Safekeeping of Tax Amnesty Returns and Statements of Assets, Liabilities and Networth Filed under Executive Order No. 64, Supplementing RMO 34-86
Revenue Memorandum Order No. 40-86 • Bureau of Internal Revenue (BIR) Issuances • Revenue Memorandum Orders • Nov 21, 1986
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November 21, 1986 REVENUE MEMORANDUM ORDER NO. 40-86 SUBJECT : Procedures in the Receipt, Processing and Safekeeping of Tax Amnesty Returns and Statements of Assets, Liabilities and Networth Filed under Executive Order No. 64, Supplementing RMO 34-86 TO : All Internal Revenue Officers and Others Concerned To ensure proper, uniform and expedient implementation of Executive Order No. 64, dated November 17, 1986, in relation to Executive Order No. 41, granting tax amnesty for the years 1981 to 1985, the following revised procedures in the processing of amnesty returns and statement of assets, liabilities and networth filed pursuant to said Order are hereby prescribed: A. Returns and Statements BIR Form 187 shall be the same return to be used for the following availments: 1) 5% tax amnesty to cover estate, donor and business taxes based on the same increase in networth previously declared under Executive Order No. 41, to be marked "Supplemental Tax Amnesty Return". 2) 10% amnesty tax for income tax only; the filing of the return for which is extended by Executive Order No. 64. 3) 15% tax amnesty based on the revised higher increase in networth, to be marked "Amended Tax Amnesty Return". 4) 15% tax amnesty based on increase in networth for those availing the amnesty for the first time under Executive Order No. 64, to be marked "Expanded Tax Amnesty Return". For No. 3 above, the revised sworn statements of assets, liabilities and networth, together with photocopies of the confirmation receipt, payment order or revenue official receipts, shall be attached to the return. B. File Number The file number assigned to the taxpayer when he filed his tax amnesty return under Executive Order No. 41 shall be the same file number to be used and indicated to the supplemental or amended return to be filed. The file numbers to be assigned to new taxpayers under Executive Order No. 64 shall start from the last unassigned file number. C. Registers to be kept The register book required to be kept in receiving the returns filed under Executive Order No. 41 shall be used in recording the supplemental and amended returns as well as those new returns to be filed under Executive Order No. 64. If the register book had been closed and forwarded to the Tax Amnesty Implementation Office pursuant to RMO 34-86, a new register should be installed for this purpose. The register book shall be closed as of December 15, 1986 and transmitted to the Tax Amnesty Implementation Office on or before December 22, 1986. D. Due Dates of Payment 1) If the amount due does not exceed P50,000, the tax must be paid at the time of the filing of the return. 2) If the amount due exceeds P50,000 but is not more than P500,000, the tax may be paid in two equal installments, the first installment to be paid upon filing of the return and the second installment on or before December 31, 1986. 3) If the amount due exceeds P500,000, the tax may be paid in three equal installments, to wit: a. the first installment shall be paid upon filing of the return; b. the second installment shall be paid on or before December 31, 1986; and c. the third installment shall be paid on or before January 31, 1987. The above rules shall also apply to those who availed of the tax amnesty under Executive Order No. 41. 4) When the amount of tax paid by the taxpayer under Executive Order No. 41 which did not exceed P50,000 is added to the amount of tax to be paid under Executive Order No. 64 and the sum exceeds P50,000, the taxpayer may pay the balance at the time of filing of the return on or before December 31, 1986, provided the initial payment is 50% or more of the total amount due. 5) Where the sum of the amount of tax due under Executive Order No. 41 and the amount of the tax to be paid under Executive Order No. 64 exceeds P500,000, the taxpayer may pay the balance at the time of filing of the return, or pay the second installment on or before December 31, 1986, and the third installment on or before January 31, 1987. E. Transmittal of returns and statements All returns, statements and attachments should be classified into supplemental, amended, expanded, or original, and batched in fifties. The same should be transmitted with covering transmittal lists not later than December 22, 1986. aisa dc F. Any provision of RMO 34-86 inconsistent herewith is hereby superseded . G. Effectivity This Order takes effect immediately. (SGD.) BIENVENIDO A. TAN, JR. Commissioner
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